The accused was charged with four counts of acting as a motor vehicle dealer without registration contrary to the Motor Vehicle Dealers Act and two counts of making false, misleading or deceptive representations contrary to the Consumer Protection Act.
The accused purchased and resold four vehicles over a period of approximately five months, typically listing them for sale within days of acquisition at substantial markups.
The accused argued the section 5 personal use exemption applied.
The court found the exemption inapplicable as the pattern of trading demonstrated a profit motive rather than legitimate personal use, considering the speed of resale, profit margins, and volume of trades.
The accused was found guilty on five counts and acquitted on one count at the invitation of the prosecution.
